VA R I TEM #3

Transcription

1 Staff Report to the Board of Zoning Adjustment August 26, 2014 VA R I TEM #3 OPEN PORCH 404 SHERIDAN BLVD Location Map Subject Site S U M M A RY Applicant Edward Valley Owner Scott and Kim Richbourg Project Planner TeNeika Walker, Planner 1 Property Location: 404 Sheridan Blvd. (Parcel ID # , on the west side of Poinsettia Ave., between Edgewater Dr. and W Ivanhoe Blvd..)(±0.20 acres, District 3). Applicant s Request: Variance of 8 ft. to allow for a 7 ft. street side setback, where a 15 ft. setback is required, for a wraparound open porch. Public Comment: Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of August 12, As of the published date of this report, staff has not received a response from the public concerning this request. Updated: August 20, 2014 Staff s Recommendation: Approval of the requested variance, subject to the conditions of the report.

2 Page 2 F U TURE LAND USE MAP Lake Ivanhoe Z O N ING MAP Lake Ivanhoe

3 Page 3 P R O JECT ANALYSIS Project Description The subject property was platted in 1925 and the original single family 1-story residence was built in A 24 sq. ft. open porch was added to the principal structure in The 2,470 sq. ft. single family home was demolished in May of The new owner wants to build a traditional 2-story single family residence with an open space design. The applicant is requesting a variance of 8 ft. to allow a 7 ft. street side setback, where a 15 ft. setback is required, for a wraparound open porch. According to section 58.1B zoning tables, the R-1/T zone requires a 15 ft. side yard setback. The porch will be open space (except for support columns and architectural features). According to section , first story porches shall be unscreened with a top cover and open on three sides. The property is zoned One Family Residential (R-1/T) in the Traditional City Overlay, and is designated as Residential Low Intensity on the City s Future Land Use map. Table 1 - Project Context (R-1/T zoning) Future Land Use Zoning Adjacent Use North East (Across Sheridan Blvd.) Residential, Low Intensity (RES-LOW) (Across Poinsettia Ave.) Residential, Low Intensity (RES-LOW) (Across Sheridan Blvd.) One Family Residential in the Traditional City Overlay(R-1/T) (Across Poinsettia Ave.) One Family Residential in the Traditional City Overlay(R-1/T) South Residential, Low Intensity (RES-LOW) One Family Residential in the Traditional City Overlay(R-1/T) One to Two Family Residential in the Traditional City Overlay (R-2A/T) West (Across Gunnison Ave.) Residential, Low Intensity (RES-LOW) (Across Gunnison Ave.) One Family Residential in the Traditional City Overlay(R-1/T) Single Family Homes Single Family Homes Single Family Homes Single Family Homes Previous Actions: 1925: Property platted as part of the Adair Park Subdivision 1946: Original 2,470 sq. ft. single family residence built on property 1992: Patio addition built 2014:Demolition of original ,470 sq. ft. single family residence 2014: Current owner purchases property Conformance with the LDC The R-1/T zoning district is intended to conserve the general character of established one family neighborhoods, and to provide for new areas of low and moderate density one family development. The property is located in the Traditional City Overlay, which denotes those areas generally platted or developed prior to World War II. The subject neighborhood was initially platted in 1925 as part of the Adair Park Subdivision. The property meets R-1/T lot area requirement (6,000 sq. ft.) with a lot size of 8,694 sq. ft. The proposed principal structure will be nonconforming in regards to the street side yard setback but meets all other applicable lot and setback requirements for the R-1/T zoning district. Analysis The applicant is proposing an eight (8) ft. wide wraparound open porch on the front and street side setback of the new single family residence. The proposed principal structure will be two stories with a front loaded garage, foyer, and open air porch. Aside from the variance needed for the open air porch, the principal structure and site are code compliant. According to section of the Land Development Code, first story porches shall be unscreened,covered, and open on three (3) sides (except for supporting columns and architectural features). Such porch may extend into the required front yard setback up to eight (8) feet and into the required street side yard setback up to five (5) feet when the proposed structure is a minimum depth of six (6) feet. However, the applicant is proposing an eight (8) ft. wide wraparound open porch which results in a need for the setback variance.

4 Page 4 P R O JECT ANALYSIS Analysis (continued) The property was originally platted in 1925 for the Adair Park Subdivision. The property is positioned at an angle on the corner of Sheridan Blvd. and Poinsettia Ave. The building area is at an angle as a result of the curved edge of the intersection. The skewed lot makes it difficult to develop a desirable open floor layout for the proposed 2-story single family residence. A street side yard variance request is needed due to the eight (8) ft depth the applicant is proposing for the open air porch. As a result of the unique lot layout and the proposed eight (8) ft depth front porch the applicant has requested the seven (7) ft variance to keep the depth of the proposed porch. The porch meets two (2) out of three (3) of the following Traditional City design code conditions: 1. The porch has a minimum depth of six (6) feet 2. The porch is constructed of materials similar to that of the principal façade 3. The porch design is consistent with the architectural style of the principal structure as determined by the Appearance Review Officer in accordance with generally accepted architectural standards. Given the irregular shape of the lot and the applicant s willingness to work with staff to ensure a favorable elevation design, staff recommends approval of the variance request, per the conditions in this report.

5 Edwards Ln Gunnison Ave Poinsettia Ave Page 5 VAR Sheridan Blvd. A E R IAL PHOTOS Mapworks Aerial of Proposed 404 Sheridan Blvd. Sheridan Blvd Columbo Cir SUBJECT PROPERTY Zoomed Out Aerial of Proposed 404 Sheridan Blvd.

6 P aaggee 66 V A R 2V0A1R S4 hsehe r irdida ann BBll vvdd.. SITE PHOTOS Property facing east, toward Poinsettia Avenue Property facing south, toward rear neighbors Existing screened porch Property facing west, toward adjoining neighbor View of home directly across Sheridan Blvd., will be facing the open porch.

7 Page SURVEY

8 Page 8 S I TE PLAN Proposed wrapping open porch (8 Ft. wide)

9 Page 9 S T RUCTURE ELEVAT IONS

10 Page 10 FINDINGS AND RECOMMENDATIONS Requested Variance: Variance of 8 ft. to allow for a 7 ft. street side setback, where a 15 ft. setback is required, for a wraparound open porch. Staff Recommendation: Approval of the variance, based on the finding that said variance meets the standards for approval of a variance, subject to the following conditions: 1. Development shall be in strict conformance with all conditions and the site plans and elevations found in this report, subject to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the approved variance may be approved by the Zoning Official. Major modifications, as determined by the Zoning official, shall require additional review by the BZA. 2. All applicable City, County, State or Federal permits must be obtained before commencing development. 3. The porch is constructed of materials similar to that of the principal façade 4. The porch design is consistent with the architectural style of the principal structure as determined by the Appearance Review Officer in accordance with generally accepted architectural standards. 5. Appearance review will be required during permitting to ensure compliance with the variance conditions. Note to Applicant: The proposed variance only addresses the Land Development Code standards expressly represented in this staff report and any relief to such standards as approved. The relief granted through the variance(s) is restricted to the subject property as noted in the staff report and is not transferable to other parcels of land. The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommended action (provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request does not constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other applicable requirements of the Land Development Code, including any additional review requirements, and shall receive all necessary permits before initiating development. Please contact the Permitting Services Division of the City of Orlando to inquire about your next steps toward receiving a building permit. S I T E P H O T O DEMOLISHED P R I N C I PA L S T R U C T U R E BY O R A N G E COUNTY PROPERT Y A P PA I S E R

11 Page 11 S T A N D A R D S F O R V A R I A N C E A P P R O V A L Special Conditions and Circumstances Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed Zoning Variance. Not Self-Created The special conditions and circumstances do not result from actions of the applicant. A selfcreated hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief. Variance of 8 ft. to allow for a 7 ft. street side setback, where a 15 ft. setback is required, for a wraparound open porch. Meets Standard Yes No The property was platted in 1925 and is located on a curved intersection. The property s unique shape creates limitations in the buildable area and the principal structure design. The lot shape and location limits Code compliant development opportunities on the site. Meets Standard Yes No The special conditions and circumstances do not result from actions of the applicant. The applicant is attempting to provide the best open design for the new single family residence. The lot was configured in the early 1900s and the current owner purchased the land in No Special Privilege Conferred Approval of the Zoning Variance requested shall not confer on the applicant any special privilege that is denied by this Chapter to other lands, buildings, or structures in the same zoning district. Meets Standard Yes No Approval of the variance to allow a reduced street side setback of 8 ft. would not confer a special privilege, in that the lot has an irregular shape and limited building space. Deprivation of Rights Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to develop in violation of the restrictions of this Chapter shall also not constitute grounds for approval. Meets Standard Yes No Literal interpretation of the code would deprive the applicant of rights commonly enjoyed by other properties under the same or similar zoning, in that the applicant cannot move the principal structure without decreasing the size or encroaching on a neighboring property. Traditional or regular shaped lots allow for a great buildable area that is not available on this irregular shape lot. Minimum Possible Variance The Zoning Variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. Meets Standard Yes No The proposed variance is the smallest possible variance to allow an enhanced architectural design of the principal structure. Purpose and Intent Approval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes No Approval of the requested variance would be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The existing principal structure is not detrimental to the public welfare.

12 Page 12 A P P L I C A N T S RESPONSES FOR V A R I A N C E R E Q U E S T

13 Page 13 A P P L I C A N T S RESPONSES FOR V A R I A N C E R E Q U E S T